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amendments of law on foreigners

WORK PERMIT FOR SPECIAL CASES OF EMPLOYMENT OF FOREIGNERS – LAWYER BELGRADE

Considering that we have already written about the general regime of obtaining work permits for foreigners, it is time for a lawyer for foreigners to introduce you with the possibility of obtaining work permits for certain specific categories of foreigners.

You can read what we wrote about the general regime of work permits for foreigners here.

A work permit for special cases of employment is issued at the request of the employer, namely for:

1) referred persons;

2) transfer within the business company;

3) independent professionals;

4) training and professional development

WORK PERMIT FOR REFERRED PERSONS

A work permit for referred persons employed by a foreign employer is issued at the request of the employer for the purpose of performing work or performing services on the territory of Serbia.

The condition for issuing a work permit is that the foreigner has:

1) temporary residence permit for a foreigner;

2) a concluded agreement between the employer for whom the work is performed or services are carried out and the foreign employer, which must contain the place and deadline for performing the work;

3) proof that the referred person has been employed by a foreign employer for at least one year;

4) act on sending to temporary work in Serbia, which determines the manner of exercising rights and obligations from work, as well as the manner of accommodation and food during the stay and work in Serbia

A work permit for referred persons is issued for the period for which an agreement has been concluded between the employer for which the services are performed and the foreign employer, but not longer than one year.

The work permit for referred persons may be extended for a maximum of two years, with the consent of the ministry responsible for employment, and after previously obtained opinion of the ministry responsible for the area governing the employer’s activities or services of interest to the Republic of Serbia. When applying for an extension, it is best to have professional help from a lawyer for foreigners.

Notwithstanding these rules, a work permit for referred persons by a foreign employer registered to perform activities in a country with which Serbia has concluded an international agreement governing the referral, shall be issued in the procedure, in accordance with the conditions and for the period determined by that agreement.

Your lawyer for foreigners can give you information on which countries Serbia has concluded international agreements with, which governs this area.

WORK PERMIT FOR TRANSFER WITHIN THE BUSINESS COMPANY

A work permit for transfer within a business company registered abroad is issued at the request of a branch, i.e. a subsidiary registered in the Republic of Serbia, for the purpose of temporary referral, i.e. transfer of an employee to work in that branch, i.e. a subsidiary.

This type of work permit can be obtained by a person who has been employed by a foreign employer for at least one year as a director, manager or specialist in certain areas (key staff), as well as that he will perform the same jobs in Serbia. When obtaining this type of work permit, a lawyer for foreigners can play a significant role in pointing you to the simplest legal path.

In addition, a work permit for transfer within a business company registered abroad is issued at the request of a branch, i.e. a subsidiary registered in Serbia, for the purpose of temporary referral, i.e. transfer of an employed trainee to work in that organizational unit, i.e. subsidiary.

A work permit for transfer within a business company is issued for a period of temporary residence, but not longer than one year.

The work permit for transfer within a business company can be extended for a maximum of two years, with the consent of the ministry responsible for employment, and after obtaining the opinion of the ministry responsible for the area regulating the employer’s activities or services of interest to the Republic of Serbia.

WORK PERMIT FOR INDEPENDENT PROFESSIONAL

A work permit for an independent professional is issued at the request of the employer, i.e. the end user of services.

This type of work permit is issued if the independent professional has:

1) temporary residence permit;

2) concluded agreement with the employer or end user of services, which must contain a deadline for performing the work;

3) appropriate higher education and/or technical qualifications and prescribed work experience in the profession.

A work permit for an independent professional is issued for the period required to perform the work, but not longer than one year.

WORK PERMIT FOR TRAINING AND PROFESSIONAL DEVELOPMENT

A work permit for training and professional development is issued at the request of the employer, i.e. a foreigner for the purpose of performing training, internship, professional practice, professional development, i.e. specialization.

This work permit is issued if the foreigner has:

1) temporary residence permit;

2) concluded agreement with the employer on the performance of training, internship, professional practice, professional development, i.e. specialization, which contains the place and duration.

Work permit for professional training and development is issued for the period of training, internship, professional practice, professional development, i.e. specialization, but not longer than 1 year, with the possibility of extension for another year.

For more information on work permit for special cases of employment, as well as on other issues in the domain of a lawyer for foreigners, it is best to contact a lawyer.

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